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John Anooshian, left, and Gregory LoCasale, right, of White and Williams.

Eight years and 29 drafts later, the American Law Institute (ALI) voted on May 22, to approve its “Restatement of the Law-Liability Insurance” (Restatement or RLLI). The final version has 50 sections and is almost 500 pages long. The project has been heavily criticized along the way, with lawmakers, insurers, policyholders and regulators, among others, all voicing concerns, including that it reflects the reporters’ aspirational views of what the law should be. This criticism is hardly surprising given that “Restatements are primarily addressed to courts” and meant to “reflect the law as it presently stands or might appropriately be stated by a court.”

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